Common use of Nonwaiver of Rights Clause in Contracts

Nonwaiver of Rights. The representations, warranties, covenants and agreements made or deemed made by any Party to another shall not be affected or deemed waived by reason of the fact that the other Party or its Representatives knew or should have known that any such representations, warranties, covenants or agreement is or might be inaccurate in any respect. Any furnishing of information by any Party to another pursuant to, or otherwise in connection with, this Agreement, including, without limitation, any information contained in any document, contract, book or record of the delivering Party to which another Party shall have access or any information obtained by, or made available to, any Party as a result of any investigation made by or on behalf of such Party prior to or after the date of this Agreement, shall not affect such Party's right to rely on any representation, warranty, covenant or agreement made or deemed made by another Party in this Agreement and shall not be deemed a waiver thereof. Notwithstanding the foregoing, in the event a Party learns prior to Closing that a representation, warranty or covenant of the other Party is materially inaccurate, that Party shall have the obligation to notify the other Party of such inaccuracy.

Appears in 1 contract

Samples: Agreement and Plan of Reorganization (Humascan Inc)

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Nonwaiver of Rights. The representations, warranties, covenants and agreements made or deemed made by any Party to another shall not be affected or deemed waived by reason of the fact that the other another Party or its Representatives representatives knew or should have known that any such representations, warranties, covenants or agreement agreements is or might be inaccurate in any respect. Any furnishing of information by any Party to another pursuant to, or otherwise in connection with, this Agreement, including, without limitation, any information contained in any document, contract, book or record of the delivering Party to which another Party shall have access or any information obtained by, or made available to, any Party as a result of any investigation made by or on behalf of such Party prior to or after the date of this Agreement, shall not affect such Party's right to rely on any representation, warranty, covenant or agreement made or deemed made by another Party in this Agreement and shall not be deemed a waiver thereof. Notwithstanding the foregoing, in the event a Party learns prior to Closing that a representation, warranty warranty, schedule or covenant of the other Party is materially inaccurate, that Party shall have the obligation to notify the other Party of such inaccuracy.

Appears in 1 contract

Samples: Agreement and Plan of Merger and Reorganization (Golf Rounds Com Inc)

Nonwaiver of Rights. The representations, warranties, covenants and agreements made or deemed made by any Party to another shall not be affected or deemed waived by reason of the fact that the other another Party or its Representatives representatives knew or should have known that any such representations, warranties, covenants or agreement agreements is or might be inaccurate in any respect. Any furnishing of information by any Party to another pursuant to, or otherwise in connection with, this Agreement, including, without limitation, any information contained in any document, contract, book or record of the delivering Party to which another Party shall have access or any information obtained by, or made available to, any Party as a result of any investigation made by or on behalf of such Party prior to or after the date of this Agreement, shall not affect such Party's right to rely on any representation, warranty, covenant or agreement made or deemed made by another Party in this Agreement and shall not be deemed a waiver thereof. Notwithstanding the foregoing, in the event a Party learns prior to Closing that a representation, warranty or covenant of the other Party is materially inaccurate, that Party shall have the obligation to notify the other Party of such inaccuracy.

Appears in 1 contract

Samples: Agreement and Plan of Reorganization and Merger (Big City Bagels Inc)

Nonwaiver of Rights. The representations, warranties, covenants and agreements made or deemed made by any Party to another under this Agreement shall not be affected or deemed waived by reason of the fact that the other Party or its Representatives representatives knew or should have known that any such representations, warranties, covenants or agreement is or might be inaccurate in any respect. Any furnishing of information by any Party to another pursuant to, or otherwise in connection with, this Agreement, including, without limitation, any information contained in any document, contract, book or record of the delivering Party to which another Party shall have access or any information obtained by, or made available to, any Party as a result of any investigation made by or on behalf of such Party prior to or after the date of this Agreement, shall not affect such Party's right to rely on any representation, warranty, covenant or agreement made or deemed made by another Party in this Agreement and shall not be deemed a waiver thereof. Notwithstanding the foregoing, in the event a Party learns prior to Closing that a representation, warranty or covenant of the other Party is materially inaccurate, that Party shall have the obligation to notify the other Party of such inaccuracy.

Appears in 1 contract

Samples: Stock Purchase Agreement (Newsedge Corp)

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Nonwaiver of Rights. The representations, warranties, covenants and agreements made or deemed made by any Party to another shall not be affected or deemed waived by reason of the fact that the other another Party or its Representatives representatives knew or should have known that any such representations, warranties, covenants or agreement is or might be inaccurate in any respect. Any furnishing of information by any Party to another pursuant to, or otherwise in connection with, this Agreement, including, without limitation, any information contained in any document, contract, book or record of the delivering Party to which another Party shall have access or any information obtained by, or made available to, any Party as a result of any investigation made by or on behalf of such Party prior to or after the date of this Agreement, shall not affect such Party's right to rely on any representation, warranty, covenant or agreement made or deemed made by another Party in this Agreement and shall not be deemed a waiver thereof. Notwithstanding the foregoing, in the event a Party learns prior to Closing that a representation, warranty or covenant of the other Party is materially inaccurate, that Party shall have the obligation to notify the other Party of such inaccuracy.

Appears in 1 contract

Samples: Merger and Reorganization Agreement (Winstar Communications Inc)

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